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STATE OF OREGON 

IRE WARDEN'S 
ANDBOOK 

>REGON FOREST 
FIRE LAWS 

REVISED 1918 




STATE BOARD OF FORESTRY 

P. A. ELLIOTT, State Forester 



STATE OF OREGON 

FIRE WARDEN'S 
HANDBOOK 

OREGON FOREST 
FIRE LAWS 

REVISED 1918 




STATE BOARD OF FORESTRY 

F. A. ELLIOTT, - State Forester 



Salem , Oregon : 

State Printing Department 

1918 



6^4 



91 



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OREGON STATE BOARD OF 
FORESTRY 

GOVERNOR JAMES WITHYCOMBE, 
Chairman Salem 

GEORGE W. PEAVY Corvallis 

Forestry Department, Oregon Agricultural College 

A. T. BUXTON Forest Grove 

Oregon State Grange 

GEORGE H. CECIL Portland 

U. S. Forest Service 

L. S. HILL Cottage Grove 

Oregon and Washington Lumber Manu- 
facturers' Association 

DAN P. SMYTHE Pendleton 

Oregon Woolgrowers' Association 

GEO. B. McLEOD Portland 

Oregon Forest Fire Association 



OFFICE OF STATE FORESTER 
F. A. ELLIOTT State Forester 

n. of B. 
sep 3 1918 



A Handbook for Fire Wardens 

The purpose of this handbook is to 
indicate briefly the forest policy of 
the State and to supply the infor- 
mation needed by the State Fire 
Wardens in the discharge of their 
duties. Instructions to cover every 
emergency that the warden will have 
to meet can not, of course, be given, 
but the application of the policy here 
outlined to local conditions, should 
lead to a more hearty cooperation 
between the wardens and the public, 
and result in a more uniform enforce- 
ment of the forest law and a greater 
efficiency in fire protection work. 
The handbook contains the full text 
of the forest laws, arranged in a form 
convenient for reference use, together 
with opinions of the Attorney Gen- 
eral in digest form, relative to several 
important sections. 

F. A. ELLIOTT, 
State Forester. 



Reasons Why the State Appropriates 
Money for Forest Fire Protection 

Oregon has more standing timber 
than any other state in the Union — 
approximately 450,000,000,000 feet. 

When manufactured into lumber 
Oregon's timber will bring in at least 
$6,000,000,000.00 of outside money, 
80 per cent of which will be spent for 
labor and supplies. 

Oregon is receiving $60,000,000.00 
annually for lumber and other timber 
products. The industry is developing 
rapidly. 

Oregon timber and the lumber in- 
dustry pay approximately one-third 
of the taxes of the State. 

When timber is destroyed by fire, 
the State loses directly the taxes 
which the property would yield until 
cut, and indirectly at least 80 per cent 
of its manufactured value. For every 
1,000 feet of timber burned the 
owner loses the value of the stumpage, 
about $2.00, and the State the amount 
expended for labor and supplies in 
manufacturing it into lumber, about 
$8.00. 

The last census shows 34,722 peo- 
ple engaged in manufacturing indus- 
tries in Oregon, of whom 16,833, or 
50 per cent, are employed by the 
lumber industry. 



Out of a population of 672,765 
people in Oregon, 84,000, or one- 
eighth of the total population, is di- 
rectly dependent upon the lumber 
industry. No other manufacturing 
industry in the State employs one- 
tenth as many men as this one. 

Over $70,000.00 of outside money 
is each day brought into Oregon by 
the lumber industry. 

The last census shows that out of 
55 manufacturing establishments in 
Oregon employing over 100 wage 
earners, 33 were engaged in the lum- 
ber industry. m 

Eighty per cent of our outgoing 
freight is lumber. 

Already the revenue derived from 
Oregon's timber exceeds that from 
wheat, fruit, vegetables and fish com- 
bined, and cutting has hardly begun. 

Oregon's timber area is approxi- 
mately 20,000,000 acres, of which 
about one-half is publicly and one- 
half privately owned. 

The 1910 census shows the value 
of all farm property in Oregon, in- 
cluding land, buildings, implements, 
machinery, livestock, poultry and 
bees, to be $528,244,000.00. The 
stumpage value of our timber is con- 
servatively placed at $680,000,000.00, 
and when manufactured $6,800,- 
000,000.00. 



Since 1910 our losses from forest 
fires have been less than for any one 
previous season, and during that 
time, one season (1914) was the 
driest since weather records have 
been kept. 



General Instructions to Fire Wardens 

THE FIRE WARDEN SERVICE 

Under the provisions of the Forest 
Law it becomes the duty of the State 
Forester to appoint and instruct fire 
wardens, take such action as is au- 
thorized by law to prevent and ex- 
tinguish forest, brush, and grass 
fires; enforce all laws pertaining to 
forest and brush land, and prosecute 
for any violation of said laws. It is 
obvious that work along the lines of 
fire patrol and fire fighting must be 
done through the State Fire Wardens. 
To obtain the best results the field 
force must be organized along defin- 
ite lines, and each member should 
have a clear conception of his duties 
and his relation to other members of 
the organization. The field force 
directly under the orders of the State 
Forester consists of District War- 
dens, Federal Patrolmen and Special 
Wardens appointed to assist in en- 
forcing the law. These officials have 
all the powers of regularly appointed 
State Fire Wardens. In addition 



State Fire Warden appointments are 
issued to the following: (1) Patrol- 
men employed by fire patrol associa- 
tions and individual timber owners; 
(2) rangers of the National Forests 
upon recommendation of the U. S. 
Forest Supervisors; (3) county offi- 
cials whose services as Fire Wardens 
are especially desirable; (4) repu- 
table citizens of the State acting as 
Voluntary Wardens in localities not 
covered by other wardens. These 
four classes of appointments do not 
carry remuneration from the State, 
or authority to incur expenses to be 
paid by the State, and unless other- 
wise specified terminate at the end 
of the closed season during the year 
in which the appointment is made. In 
conformity with the provisions of the 
law outlined above, State Fire War- 
dens should take steps for the pre- 
vention and extinguishment of fire in 
their localities, and assist in appre- 
hending and convicting offenders 
against the law, control the use of 
fire during the closed season, and 
make such reports as may be re- 
quested by the State Forester. All 
State Wardens have the powers of 
peace officers to make arrests for vio- 
lation of the forest fire law. 

It will help much in carrying out 
the spirit of the law, if wardens will 
explain to campers how they should 
build fires and extinguish them when 



they leave their camp ground. War- 
dens in the employ of timberland 
owners, associations, or of the State, 
will find it well worth while to spend 
a day now and then in clearing up and 
fixing good camp grounds for the 
benefit of campers, and putting up 
signboards giving distances to other 
camp grounds. 

Each State Warden will be sup- 
plied with copies of the Forest Laws. 
These should be generally distributed 
to settlers, hunters, campers and 
others who travel through the forests 
during the summer. Additional copies 
of the laws will be furnished by the 
State Forester upon request. 

BURNING PERMITS 

During the period between June 1 
and October 1 it is unlawful for any 
person or persons to burn slashings, 
choppings,wood or brush land without 
obtaining a permit from a State Fire 
Warden. The chief object of this re- 
striction is to prevent the careless use 
of fire during the dry season. Persons 
engaged in clearing land and putting 
it under cultivation find the use of 
fire absolutely necessary, and the 
warden's decisions as to the advisa- 
bility of issuing a permit should in 
every case be based on a thorough 
investigation of the area to be burned 
over. In general, a permit should be 



issued unless it is clear that the 
burning contemplated is unsafe. 

However, the law is intended to 
safeguard the settler as well as the 
timber owner; consequently, during 
extremely dry seasons, when the fire 
hazard is unusually great, few, if any, 
permits should be issued. It is far 
better to inconvenience temporarily 
one settler who desires a permit than 
to run the risk of destroying thou- 
sands of dollars worth of property. 
To summarize: It is the warden's 
duty to accommodate applicants by 
issuing permits where there is no 
danger of the fire spreading, but to 
decline, and give reasons, when the 
burning would be unsafe. 

Instructions for filling out permits 
are given in the permit book with 
which each warden will be supplied. 
The exact number of acres to be 
burned should be stated in each permit 
issued, since this information is neces- 
sary in compiling figures showing the 
total acreage burned under permit in 
the State. 

It is very important that burning 
permits be limited to the shortest 
practicable period. In most cases the 
permittee will not require more than 
from one to three days. As far as 
possible, permits should be issued one 
day before, or on the day the burning 
is started, and under no consideration 



is it advisable to issue a permit ex- 
tending over a long period for burn- 
ing that can be accomplished in a 
day or two. No permits for a period 
of ten days or more should be issued 
without first consulting the State 
Forester. 

Section 7 of the Forest Fire Laws 
provides that under certain condi- 
tions burning may be done during the 
closed season without permit. The 
following regulations adopted by the 
State Board of Forestry define burn- 
ing of this character, and specify 
what is meant by the term "adequate 
precautions and personal control" : 

1. Burning of log piles, stumps, or 
brush heaps without permit as provided for 
under Section 7 of the Oregon Forest Fire 
Laws, is permissible only where the mate- 
rial to be burned is a safe distance from 
other inflammable material and where the 
ground surrounding the log piles, stumps, 
or brush heaps is cleared of any substance 
which will allow of fire spreading to adja- 
cent wooded, brush, or slash-covered land, 
either the property of the parties engaged 
in burning, or that of another. 

2. "Adequate precautions and personal 
control" is interpreted as meaning that all 
fires set without permit must be continually 
watched, both night and day, by a sufficient 
number of men on the ground for that pur- 
pose, and should fire escape, steps must be 
taken at once to extinguish it. 

3. Burning done in violation of these 
regulations will submit the party or parties 
concerned to prosecution under the fire laws. 

10 



FIRE WARNING NOTICES 

Each warden should see to it that 
his district or locality is thoroughly 
posted with cloth warning notices. 
This is one of the most effective ways 
of acquainting campers, hunters and 
others who frequent the woods, with 
the important provisions of the For- 
est Law, and impressing them with 
the need of exercising due caution 
with fire. One kind of cloth warn- 
ing notice and a cardboard "Notice to 
Engineers and Firemen," have been 
prepared by the State Forester, and a 
supply of these forms will be fur- 
nished to all State Wardens. 

Old notices that are partially de- 
tached or have been damaged, should 
be removed and new ones put in their 
places. An old dilapidated notice 
creates a bad impression, and is worse 
than none at all. Wilful destruction 
of posted notices is punishable by 
fine or imprisonment, and if any war- 
den ascertains that persons are mak- 
ing a practice of destroying notices 
in his district, the matter should im- 
mediately be reported to the State 
Forester or to the District Warden 
in his district. 

REPORTS ON FIRES 

It is absolutely necessary that the 
State Board of Forestry have a 
report of all fires occurring within 

11 



the State. For purposes of record, 
reports of small fires are fully as im- 
portant as information concerning 
large ones. It should be borne in 
mind that the efficiency of systematic 
fire patrol work can not be shown 
conclusively unless accurate informa- 
tion on this subject is available, and 
that in this connection reports on in- 
cipient fires extinguished by wardens 
or others before damage is done to 
timber or other property, are especial- 
ly valuable. Reports should be made 
as complete as possible, and prepared 
on the report blanks provided for this 
purpose. If no fires come under the 
warden's observation or occur in his 
district, a report blank should be sent 
in at the close of each month, duly 
signed and dated, with a note, "No 
fires this month," written across the 
face of the form. Stamped and ad- 
dressed envelopes are furnished for 
this purpose. 

Many of the fires reported as being 
of unknown origin are undoubtedly 
caused by carelessness. It is the 
warden's duty, under the law, to use 
every reasonable means at his com- 
mand to ascertain the cause of every 
fire in his district. In addition, the 
warden should inform the State 
Forester of the party responsible for 
the fire, no matter who that party 
may be. This information is neces- 

12 



sary in order that every precaution 
may be taken to prevent the recur- 
rence of fires from the same source 
in the future. 

During the years 1911-15, a total 
of 3,583 fires was reported on pri- 
vately owned land outside of the Na- 
tional Forests, and about 86 per cent 
was caused through carelessness or 
wilfulness. Beyond question, a ma- 
jority of these fires were the result 
of violations of the law by campers, 
hunters, railroad companies, loggers 
and ranchers. 

It should, therefore, be the aim of 
every State Fire Warden to reduce 
the number of avoidable fires in his 
territory. The Forest Fire Law was 
enacted chiefly to assist in reducing 
the number of fires of this kind. In 
order to obtain the results desired the 
warden should see to it that all per- 
sons using fire in the open during the 
period June 1 to October 1 comply 
with the law. 

Wilful violation of the law should 
not be tolerated, but the warden will 
be justified in exercising leniency in 
rare cases where some minor techni- 
cal violation is involved. Wholesome 
respect for the law can be created 
only by punishing the violators. A 
law persistently disregarded is far 
worse than none. 

13 



Persons taken in the act of violat- 
ing the fire laws can be arrested by 
State Fire Wardens without warrant. 
In case the conviction of the offender 
depends on the testimony of several 
persons, wardens will find it advis- 
able to take the written testimony of 
the important witnesses and confer 
with the District Warden of their 
county, or with the District Attorney 
before swearing out a warrant. If 
the offender is likely to escape by 
reason of such delay, the arrest should 
be made on the warden's judgment 
after a careful consideration of the 
law and the evidence in the case. 

A FEW THINGS TO BE REMEMBERED 

State officials charged with the 
execution of the Forest Fire Law 
have to deal with sawmill men, who 
must cut timber to make lumber; 
with farmers, who have to clear land 
to make it pay taxes; with miners 
and prospectors, who are striving to 
produce something where no revenue 
is now in sight ; with cattle and sheep 
men, who are honestly trying to make 
their living from lands that are other- 
wise unproductive. The intent of the 
law is to assist all these. They should 
be given a fair deal. One enemy made 
by thoughtlessness or lack of tact in 
dealing with the public, may do dam- 
age that can never be repaired. 

14 



Instructions to District Wardens 

District Wardens have charge of 
enforcing the provisions of the Forest 
Fire Laws in their respective dis- 
tricts. Roads and trails, or any 
other means of reaching remote sec- 
tions, should be investigated. Ar- 
rangements should be made with 
county courts for clearing up brush 
and debris along trails and roads, 
and with private parties for burning 
all slashings and windfalls at times 
when such work can be done safely. 

The slash menace constitutes 
one of the most important problems 
in connection with the protection of 
standing timber and logging equip- 
ment, and the District Warden must 
give his earnest attention to this 
work. He should make a complete 
list of the slashings in his county on 
Form C, which can be done without 
loss of time while traveling over his 
county on other lines of work. It 
should be borne in mind that climatic 
conditions and other factors often 
make it impossible to dispose of slash 
in strict compliance with the provi- 
sions of Section 11 of the law. Each 
slashing should be considered as 
an individual problem, and the law 
should be used as an effective per- 
suader where a valid objection 
against burning can not be advanced. 

15 



The District Warden will be in 
charge of the Federal patrolmen ap- 
pointed to serve in his county or dis- 
trict. These patrolmen are instructed 
to submit daily reports of their work 
on Form B, at the end of each week. 
Their reports should be examined 
carefully to see to it that the patrol- 
men are covering their districts prop- 
erly. The District Wardens will be 
held responsible for keeping the Fed- 
eral patrolmen, as well as association 
patrolmen, engaged on improvement 
work during damp period's, when 
patrol is not necessary. This is very 
important, and definite plans cover- 
ing trail work, etc., should be dis- 
cussed with each patrolman at the 
time he goes on duty. All patrolmen 
should be impressed with the fact 
that a day's work is expected of them 
for every day they are on the pay- 
roll. The District Wardens should 
familiarize themselves with the daily 
routes of the patrolmen, so as to be 
able to communicate with them with 
the least possible delay in case of 
emergency. If possible, some tele- 
phone should be designated where the 
patrolman may be called at a defin- 
ite time during the day, in case it is 
desired to give him instructions or 
obtain information. It would be well 
to make similar arrangements with 
as many as possible of the patrolmen 

16 



employed by private timberland own- 
ers in nonassociation districts. The 
importance of planning for means of 
rapid communication must not be 
overlooked. It is absolutely essential 
in any effective fire patrol or fire 
fighting work. 

The District Warden is requested 
to recommend suitable men to act 
as voluntary wardens in localities 
where there are no regularly em- 
ployed wardens. Such men will be 
given appointment, so that settlers 
having slashings to burn may be ac- 
commodated with the least possible 
inconvenience. The telephone num- 
bers of wardens of this class who 
have instruments in their homes, 
should also be recorded. The State 
Forester will' supply the names and 
addresses of persons appointed State 
Fire Wardens in each district, when 
such appointments are made. The 
District Warden should get acquainted 
with all the wardens in his district 
at the earliest opportunity. 

Logging camps, sawmills, and 
railroads where steam engines burn- 
ing fuel other than oil are being 
operated, should be inspected to see 
that proper spark arresters are kept 
in use and that rights-of-way are 
kept free from inflammable debris. 
A number of cardboard "Notices to 
Engineers and Fireman'' should be 



17 



posted in all logging camps, and in 
sawmills located adjacent to standing 
timber. 

The District Warden will fill out 
a daily report on Form B, and for- 
ward it to the State Forester at the 
end of each week. He will also be 
furnished with an outline to be fol- 
lowed in making his seasonal report 
at the close of the fire season. The 
topics mentioned in the outline should 
be carefully noted, and as he travels 
over his district during the fire sea- 
son, each District Warden is expected 
to record in a notebook kept for this 
purpose, all information bearing on 
the points mentioned in the outline. 

Careful note should be made of 
the policy of the State in regard to 
fighting fires, as outlined on page 
25, and it should be seen to that the 
Federal Patrolmen have thorough in- 
structions along this line. In case 
public safety demands that the State 
take action in suppressing a fire in 
districts not patrolled by associations, 
such tools, equipment and camp sup- 
plies as are necessary properly to 
conduct the work, may be purchased. 
The District Warden will be held ac- 
countable for all such equipment, 
except, of course, food supplies, until 
it is turned over to the State Board 
of Forestry, or to another warden. 
Ordinarily it will not be advisable to 



pay fire fighters more than the cus- 
tomary wage for labor prevailing in 
the locality of the fire. However, 
this policy can not always be adhered 
to, and the District Warden must use 
his own judgment in determining 
when circumstances warrant offering 
wages that are above the average. 

In addition to the duties outlined 
above, District Wardens in counties 
in which a Fire Patrol Association 
exists, have supervision of the field 
work of the association. Under the 
cooperative agreement existing be- 
tween the State and the associations, 
the District Wardens have charge of 
selecting and directing the work of the 
association patrolmen, supervising 
improvement work, and submitting 
plans relative to trails, telephone 
lines, etc., that should be constructed 
to increase the efficiency of the patrol. 

Federal Patrolmen 

Under a cooperative agreement be- 
tween the U. S. Department of Agri- 
culture and the State Board of For- 
estry, the Federal Government has 
allotted funds for the services of one 
or more patrolmen in each heavily 
timbered county in the State. These 
men will be appointed by the State 
Forester. The districts to be covered 
by them will be determined by the 
State Forester assisted by the Na- 

19 



tional Forest Supervisors and the 
District Wardens. The work of the 
Federal patrolmen will be under the 
immediate direction of the District 
Warden in charge of the county or 
district in which they serve. They 
will prepare daily reports in dupli- 
cate on Form B. One copy should be 
sent to the State Forester, and one to 
the District Warden at the end of 
each week. These reports should 
show just what the patrolman did 
each day. If patrol work was done, 
the "beat" followed should be de- 
scribed by referring to streams or 
ridges, and if necessary to legal sub- 
divisions. 

Federal patrolmen will be assigned 
a definite territory over which they 
will be required to keep a constant 
patrol, looking out for fires and ex- 
tinguishing them as far as possible, 
without additional assistance. Their 
District Warden will instruct them 
relative to hiring extra help in taking 
care of fires that can not be handled 
without assistance. Federal patrol- 
men will be supplied with penalty 
envelopes, which should be used in all 
official correspondence with the State 
Forester, District Wardens or the 
public. They must under no consid- 
eration be used for correspondence on 
purely personal matters. 



20 



Wardens in the Employ of Timber 

Owners and Fire Patrol 

Associations 

Association patrolmen are selected 
by the District Wardens in charge of 
the field work for the various fire 
patrol associations, and work under 
their immediate supervision. At the 
time they are appointed they should 
receive from their District Warden 
detailed instructions relative to patrol 
and improvement work, and as to 
what action to take in case of serious 
fire occurring in their district. 

Wardens in the employ of timber 
owners who are maintaining a patrol 
in districts not covered by a fire 
patrol association, are, of course, 
under the supervision of their em- 
ployers ; however, their acceptance of 
appointment as State Fire Wardens 
carries with it certain obligations to 
the State. They should cooperate 
with the District Warden in every 
way possible, and his suggestions 
should be followed in all instances 
where they do not conflict directly 
with their employers' instructions. 
However, they should feel free to 
make suggestions to the District 
Warden whenever mutual benefit will 
result. All paid Fire Wardens of 
this class must have definite instruc- 
tions from their emoloyers in regard 
to securing assistance in fighting fire 

21 



in their districts, so that no time will 
be lost in promptly handling any fire 
that may occur. They have no au- 
thority to incur debt for the State. 
The wardens should note carefully the 
policy of the State in fighting fires, 
as outlined on page 25. 

Voluntary Wardens 

The chief duties of the Voluntary 
Wardens will be to issue burning per- 
mits in their immediate locality, 
post fire warning notices in conspicu- 
ous places, distribute copies of the 
law, and submit reports on forest 
fires that come under their observa- 
tion. They must notify the nearest 
paid warden, or the District Warden 
of their county, in case a fire occurs 
that can not be readily controlled 
by the persons whose property is en- 
dangered. No expenses will be paid 
by the State, unless authorized by the 
District Warden. In this connection 
attention is directed to the policy of 
the State in fighting forest fires out- 
lined on page 25. Permits to burn 
should be issued in accordance with 
the instructions given in this book and 
the regulations on the inside cover 
pages of the Burning Permit Book. 

Under Chapter 90, General Laws 
of Oregon, 1913, all county judges 
within the State of Oregon are made 
ex officio fire wardens, with author- 

22 



ity to issue or revoke permits for 
burning slashings, etc., between June 
1 and October 1 ; provided, that every 
person to whom such permit is issued 
shall give at least 24 hours' notice to 
each resident owner of adjoining 
lands of the time when he intends to 
set fire in accordance with his per- 
mit. County judges who use their 
authority under this law are earnestly 
requested to cooperate with our Dis- 
trict Wardens and not issue permits 
in territory covered by wardens work- 
ing under our general forestry laws. 

Fire Fighting 
GENERAL INSTRUCTIONS 

No definite instructions can be 
given in regard to fire fighting, but 
each warden is expected to have had 
experience along this line, and must 
rely on his best judgment. It is a 
well known fact that the best time to 
fight a fire is at night or very early 
in the morning when the air is damp 
and the fire is at its weakest stage. 
A few men judiciously handled at 
this time can accomplish more than 
a greater number of men during the 
middle of the day. In fact, it is often 
a waste of energy and expense to do 
any work on a fire when it is dry and 
windy. 

Back fires should not be set except 
where absolutely necessary, since 

23 



they very often become unmanage- 
able and do more damage than the 
original fire. However, should back 
firing be considered advisable, a road 
or wide trail should be taken as the 
base of operations. The fire should 
be started against the wind, and a 
sufficient force of men should be on 
hand to control it. Ordinarily, the 
best time to back fire is in the eve- 
ning. Wardens should have personal 
charge of all fire fighting, and in case 
it is necessary for them to be absent 
for a time from any fire, a compe- 
tent man must be placed in charge. 
Extreme care should be taken to 
patrol a fire properly after it is under 
control. Failure to do so often causes 
more trouble and expense than the 
original fire. 

Wardens who have authority from 
their employers to get assistance, 
should make arrangements with set- 
tlers, or, if there are logging camps 
in the district, with foremen of these, 
for obtaining help at once in case of 
fire, so that no time may be lost in 
getting started to fight it. Similar 
arrangements should also be made 
for provisions and transportation in 
case of emergency. 



24 



Policy of the State Relative to Fire 
Fighting 

County Fire Patrol Associations 
and private patrols are responsible 
for handling all fires occurring in the 
territory embraced in their patrols. 

In counties and districts where the 
patrol work is handled directly by 
the State, the District Warden should 
see that all fires on timberlands com- 
ing under the provisions of the com- 
pulsory patrol law (see page 45) 
are promptly handled. Timberlands 
whose owners live on or within one 
and one-half miles of the same are 
not subject to the law, since such resi- 
dence is considered' as constituting 
sufficient protection. The owners, 
however, are responsible for putting 
out all fire occurring on their land 
and it is the duty of the District War- 
den and patrolmen to see that they 
do so. 

Fires in agricultural localities 
should be handled by the persons 
upon whose land they occur or by the 
persons who started them (see Sec. 
8, page 36). No patrol assessments 
are received from these localities, and 
no money except from the general leg- 
islative appropriation is available for 
handling such fires. It is not the in- 
tent of the Forest Fire Laws that 
money from the legislative appropria- 
tion be used in fighting fires except 



in extreme emergencies, and no ex- 
penditures should be incurred in agri- 
cultural localities without special 
authority from the State Forester. 

ADMINISTRATION OF FIRE PATROL 
LAW 

The law is officially designated as 
Chapter 247 of the Laws of Oregon 
for 1913, and is given in full on pages 
45 and 46 of the handbook. Under 
its provisions every owner of timber- 
land not residing within one and one- 
half miles of the same must provide 
an adequate patrol therefor, and in 
case he fails to do so the State For- 
ester must provide patrol and collect 
the cost thereof from the owner 
by placing a fire patrol assessment 
against the land on the tax rolls. 
Actual residence on timberland by a 
bona fide tenant is considered as con- 
stituting adequate patrol, and ex- 
empts the owner from payment of 
patrol assessments. The owners or 
tenants are, however, responsible for 
putting out all fires occurring thereon. 

Owners of timberland not exempted 
because of residence or occupation by 
tenants, comply with the law by join- 
ing a fire patrol association whose 
patrol work is recognized as adequate 
by the Board of Forestry, or by pro- 
viding adequate private patrol. Any 
timber owner providing private patrol 
must have his patrolman sign an affi- 

26 



davit that he has been authorized by 
his employer to incur all expenditures 
necessary to promptly suppress any 
and all fires occurring on the timber- 
lands in question. Upon receipt of 
the affidavit the patrolman will be 
sent an appointment as fire warden, 
together with a daily report book. He 
will be expected to submit daily re- 
ports to the District Warden in the 
same manner as association and 
Weeks Law patrolmen. The District 
Warden will carefully note these re- 
ports and will immediately notify the 
State Forester in case the reports or 
a personal investigation indicate that 
the patrol is not adequate. The Dis- 
trict Warden will be notified of all 
private patrols in the territory under 
his supervision, and should see to it 
that all the paid patrolmen serving 
under him are informed as to what 
tracts in their districts are privately 
patrolled and the names of the men 
who are doing the patrolling. 

The State Forester provides patrol 
for all timberlands not listed with 
patrol associations or furnished with 
private patrol. In association counties 
such lands are turned over to the asso- 
ciations for patrol, while in counties 
or districts where no association 
exists, the lands are patrolled under 
the direct supervision of the State 
Forester. 



27 



Supplies 

At the time of appointment each 
Fire Warden will be supplied from 
this office with a permit book, warn- 
ing notices, report blanks, and other 
forms necessary in the discharge of 
his duties. He will also be furnished 
with a numbered badge of authority, 
which must be returned at the close 
of the fire season. Ordinarily, the 
supplies will be sent directly to the 
warden, although in some cases it will 
be advisable to forward them to the 
warden's employer, who will see 
that they are properly distributed. 
Additional suoplies may be obtained 
upon request from the State Forester, 
Salem, Oregon. 



28 



Oregon Forest Fire Law 



CHAPTER 278 OF THE LAWS OF 

OREGON FOR 1911 AS AMENDED 

1917 



Enacted by the Twenty-sixth Legislative 
Assembly 



AN ACT 



For the protection of the forests of the State of 
Oregon ; to prevent and suppress forest fires, 
to create a State Board of Forestry to serve 
without compensation, and a State Forester 
and deputy, and for the appointment of fire 
wardens, and to prescribe their rights, 
powers and duties, and to provide for the 
payment of their compensation and expenses 
and the expenses of said Board ; providing 
penalties for the violation of the provisions 
of this act, making an appropriation there- 
for ; repealing Sections 5508, 5509. 5510, 5511. 
5512, 5513, 5514, 5515, 5516, 5517, 5518, 5519, 
5520, 5521, of Lord's Oregon Laws (Chapter 
131 of the Laws of Oregon for the year 1907), 
and declaring an emergency. 

Be it enacted by the people of the State of 
Oregon : 

Be it enacted by the Legislative Assembly 
of the State of Oregon: 

STATE BOARD OF FORESTRY 

Section 1. There shall be a state board 
of forestry, consisting of the governor, the 
acting head of the forest school of the 
Oregon Agricultural College, and five elec- 
tors of the state of Oregon, to be appointed 
by the governor from and upon the authori- 
tative recommendation of the Oregon State 
Grange, the Oregon Forest Fire Associa- 
tion, the Oregon and Washington Lumber 
Manufacturers' Association and the United 

29 



States Forest Service, and Oregon Wool- 
growers' Association, each to select and 
name one of such electors. In the absence 
of such recommendation the governor shall 
nevertheless appoint said electors. Said 
board of forestry shall supervise all mat- 
ters of forest policy and management under 
the jurisdiction of the state, and approve 
claims for expenses incurred under the 
provisions of this act. The members of said 
board shall receive no compensation for 
their services thereon but shall be entitled 
to actual traveling expenses which may be 
incurred in attending board meetings. 

Said board shall meet at any convenient 
place in the state upon the call of the gov- 
ernor or its secretary. A majority of said 
board shall constitute a quorum. 

APPOINTMENT AND DUTIES OF STATE 
FORESTER 

Section 2. The state board of forestry 
shall appoint a state forester, who shall 
be a practical forester familiar with west- 
ern conditions and experienced in organiza- 
tion for the prevention of forest fires. He 
shall hold office at the pleasure of said 
board, which shall also have power to fix 
his compensation at not to exceed three 
thousand dollars ($3,000.00) per annum. He 
shall be authorized and empowered to ap- 
point a deputy whose salary shall be fixed 
by the state board of forestry at not to 
exceed eighteen hundred dollars ($1,800.00) 
per annum. He shall be allowed necessary 
office and contingent expenses, including 
clerical help, and he and his deputy shall 
be paid actual traveling and field expenses 
which may be incurred in the performance 
of their official duties. He shall, under the 
supervision of the state board of forestry, 
execute all matters pertaining to forestry 
within the jurisdiction of the state; ap- 
point and instruct fire wardens as provided 
for in this act; direct the improvement and 
protection of state forest lands; collect data 

30 



relative to forest conditions; take such 
action as is authorized by law to prevent and 
extinguish forest, brush, and grass fires; 
enforce all laws pertaining to forest and 
brush-covered land and prosecute for any 
violation of said laws; cooperate with land 
owners, counties or others in forest protec- 
tion; advise and encourage reforestation; 
and publish such information on forestry 
as he may deem wise. He shall act as sec- 
retary of the state board of forestry and 
prepare annually a report to the governor 
on the progress and condition of state for- 
est work, containing recommendations for 
improving methods of forest protection, 
management and reproduction within the 
state of Oregon. During the state for- 
ester's absence or disability, all his author- 
ity shall be exercised by his deputy. 

APPOINTMENT OF FIRE WARDENS AND 
SPECIAL WARDENS— ASSISTANCE 
TO BE GIVEN IN PROTECTING 
LIFE AND PROPERTY 

Section 3. Under such general policy as 
to qualifications, numbers and localities as 
the state forester shall deem wise, he shall 
appoint suitable and proper citizens fire 
wardens who shall have all the powers given 
to fire wardens under this act, but shall 
serve voluntarily or under compensation by 
property owners or counties. State and 
county officials whose duties make their ex 
officio services as fire wardens especially 
desirable as a convenience to the public, 
shall accept appointments as such when 
formally requested by the state board of 
forestry. Upon the recommendation of fed- 
eral forest supervisors, the state forester 
shall appoint resident officers of the 
national forest ex officio fire wardens. In 
times or localities of particular fire danger, 
or to enforce the fire laws or apprehend 
and prosecute violators thereof, the state 
forester shall have power to appoint and 
employ, either independently or jointly with 

31 



other agencies, such additional fire wardens, 
and furnish these such assistance and facil- 
ities for protecting life or property from 
fire, as he shall deem public safety demands, 
and unless contributed by other sources, the 
cost thereof shall be paid from the funds 
appropriated by this act, but each county 
in which such service is given shall be 
responsible for one-third the expenses thus 
actually incurred and paid by the state for 
services within said county and upon de- 
mand by the state treasurer shall pay the 
amount thus due into the state treasury, to 
be credited to the fund appropriated by 
this act. 

STATE FORESTER MAY DESIGNATE 
FIRE DISTRICTS AND APPOINT 
DISTRICT FIRE WARDENS 

Section 4. The state forester shall, with 
the advice of property owners or agents or 
counties desiring to cooperate in forest pro- 
tection, designate suitable areas to be offi- 
cial fire districts. He may appoint for each 
district one or more district fire wardens 
to be paid as other fire wardens under this 
act and to serve until their appointments 
are revoked by their employers' request or 
by the state forester for good cause shown. 
Upon written notice to the state forester 
by the person or authority upon whose 
recommendation any other fire warden is 
appointed, said fire warden shall be subject 
to the direction of the proper district fire 
warden. 

LAND COVERED WITH INFLAMMABLE 
MATERIAL ADJACENT TO FOREST 
LAND DECLARED A PUBLIC NUI- 
SANCE — STATE FORESTER TO 
ADVISE WITH OWNERS 

Section 5. Any and all inadequately pro- 
tected forest or cut-over land adjoining, 
lying near, or intermingling with other for- 
est land and covered wholly or in part by 



.1 



32 



inflammable debris or otherwise likely to 
further the spread of fire, which by reason 
of such location or condition or lack of pro- 
tection endangers life or property, is here- 
by declared to be a public nuisance and 
whenever the state forester shall learn 
thereof he shall notify the owners or per- 
sons in control or possession of said land, 
requesting them to take proper steps for its 
protection and advising them of means 
and methods to that end. In case of refusal 
or neglect by any person or persons at fault, 
after proper notice to take the precautions 
against fire required by this section or 
requested by the state forester, as herein- 
before provided, the state forester, or dis- 
trict fire warden, acting with his consent, 
may have such work done as he deems 
reouisite to public safety or the protection 
of life or property, and the cost thereof and 
the expense of any fire patrol rendered nec- 
essary by the want of adequate protection 
of such forest or cut-over land shall be 
recoverable from the offender by action for 
debt prosecuted in the name of the state 
of Oregon. 

The burning- of slashings resulting from the 
cutting of cordwood and the clearing of land 
are covered by this section and not by Section 11. 

If, after proper notice from the State For- 
ester, the owners or persons in control or in 
possession of land, covered wholly or in part 
by inflammable material and thereby considered 
a public nuisance, neglect or refuse to take any 
steps to protect life and property, the State For- 
ester has authority under Chapter 2 of Lord's 
Oregon Laws to cause the nuisance to be abated, 
by proceeding through the courts in accordance 
with the mode of procedure outlined in said 
chapter. The State Forester is not emDOwered 
arbitrarily to abate the nuisance and charge the 
costs thereof to the parties responsible. (Opinion 
of Attorney General.) 

DUTIES OF STATE FIRE WARDENS 

Section 6. All fire wardens appointed 
under this act shall, under instruction from 
the state forester as to their exercise of 
state authority, take proper steps for the 

33 



prevention and extinguishment of fires with- 
in the localities in which they exercise their 
functions, assist in apprehending and con- 
victing offenders against the fire laws, con- 
trol the use of fire for clearing land in the 
closed season as provided by Sections 7 and 
8 of this act, and make such reports of their 
work and conditions within their localities 
as may be requested by the state forester. 
They shall have the power of police officers 
to make arrests for violation of forest laws. 
They shall have power to enter upon the 
lands of any person or owner in the dis- 
charge of their duties; provided, that in so 
entering they shall exercise due care to 
avoid doing damage. Any fire warden who 
has information which would show, with 
reasonable certainty that any person has 
violated any provision of the forest laws, 
shall immediately take action against the 
offender, either by using his own power as 
a peace officer or by making complaint be- 
fore the proper magistrate, or by the filing 
of information with the district attorney, 
and shall obtain all possible evidence. Fail- 
ure on the part of any fire warden receiv- 
ing compensation to comply with the duties 
prescribed by this act shall be a misde- 
meanor and punishable by a fine of not less 
than twenty dollars ($20.00), nor more than 
two hundred and fifty dollars ($250.00), or 
by imprisonment in the county jail for not 
less than ten (10) days nor more than three 
(S) months, or both such fine and imprison- 
ment. 

BURNING WITHOUT PERMIT PRO- 
HIBITED JUNE 1 TO OCTOBER 1— 
BURNING OF LOG PILES, STUMPS 
AND BRUSH HEAPS IN SMALL 
QUANTITIES EXCEPTED 
Section 7. During the period between 
June 1 and October 1, which is hereby 
designated the closed season, it shall be 
unlawful for any person or persons to set 
on fire, or cause to be set on fire, any slash- 

34 



ing, chopping, wood land or brush land, 
either his or their own or the property of 
another, without written or printed per- 
mission from a fire warden and compli- 
ance with the terms thereof which shall 
prescribe the conditions upon which the per- 
mit is given and which are necessary to be 
observed in setting such fire and to pre- 
vent it from spreading so that life or prop- 
erty of another may be endangered there- 
by. This restriction shall not apply to the 
burning of log piles, stumps or brush heaps, 
in small quantities, under adequate precau- 
tions and personal control, and in accord- 
ance with any regulations which may be 
adopted by the state board of forestry for 
the purpose of insuring public safety; but 
if any such burning without permission 
shall result in the escape of fire and injury 
to the property of another, this shall be held 
prima facie evidence that such burning was 
not safe and was a violation of this section. 
Violation of these provisions shall be pun- 
ished by a fine of not less than five dollars 
($5.00), nor more than one hundred dollars 
($100.00), or by imprisonment of not less 
than two (2) days nor more than fifty 
(50) days. Permits to burn, as provided by 
this section, may be issued by any fire war- 
den, and shall contain such safeguarding 
restrictions as to time of burning and pre- 
caution to be taken as may be fixed by the 
state forester or left by him to the discre- 
tion of fire wardens. Any fire warden shall 
have the right to refuse, revoke or postpone 
permits when necessary to prevent danger 
to the life or property of another. Any 
permit obtained through wilful misrepre- 
sentation shall be invalid and give no exemp- 
tion from liability of any kind. In times 
and localities of unusual fire danger, the 
governor, with the advice of the state for- 
ester, may suspend any or all permits or 
privileges authorized by this section and 
prohibit absolutely the use of fire herein 
mentioned. Whenever, or wherever, during 

35 



an open season for the hunting of any kind 
of game in this state, it shall appear to the 
governor upon the showing of the state for- 
ester that by reason of extreme drought the 
use of firearms or fire by hunters is liable 
to cause forest fires, he may, by proclama- 
tion, suspend the open season and make it 
a closed season for the shooting of wild 
birds and animals of any kind for such 
time as he may designate, and during the 
time so designated all provisions of law 
relating to closed seasons for game shall be 
in force. 

REGULATIONS ADOPTED BY THE STATE 
BOARD OF FORESTRY GOVERNING 
BURNING WITHOUT PERMIT 

1. Burning of log piles, stumps, or brush 
heaps without permit as provided for under 
Section 7 of the Oregon Forest Fire Law, is 
permissible only where the material to be burned 
is a safe distance from other inflammable mate- 
rial and where the ground surrounding the log 
piles, stumps, or brush heaps is cleared of any 
substance which will allow the fire spreading to 
adjacent wooded, brush, or slash-covered land, 
either the property of the parties engaged in 
burning or that of another. 

2. "Adequate precautions and personal con- 
trol" is interpreted as meaning that all fires set 
without permit must be continually watched both 
night and day by a sufficient number of men 
on the ground for that purpose and should fire 
escape, steps must be taken at once to extin- 
guish it. 

3. Burning done in violation of these regu- 
lations will submit the party or parties con- 
cerned to prosecution under the fire laws. 

SETTING FIRE TO WOODS, BRUSH, 
GRASS, ETC., ON ANOTHER'S 
LAND, OR ALLOWING FIRE TO 
ESCAPE TO LAND OWNED BY 
ANOTHER 

Section 8. Any person who sets on fire, 
or causes to be set on fire, any woods, brush, 
grass, grain, stubble, or other material 
being or growing on any lands not his own, 
without permission from the owner, or who 
wilfully or negligently allows fire to escape 
from his own land, or any one who acci- 

36 



dentally sets any fire on his own land or 
another's and allows it to escape from his 
control without extinguishing it, or using 
every effort to do so, shall be punished by 
a fine of not less than twenty-five dollars 
($25.00), nor more than five hundred dol- 
lars ($500.00), or imprisonment for not less 
than ten (10) days nor more than three 
(3) months; provided, that it shall be law- 
ful to build, in a careful manner, camp 
fires on any uninclosed lands, the owner of 
which has not forbidden such building of 
camp fires thereon by personal notice or by 
posting such prohibition in conspicuous 
places or otherwise, if, before departing 
from the place where such camp fire has 
been built, the builder of such fire totally 
extinguishes the same; and provided fur- 
ther, that nothing in this section shall apply 
to the setting of a back fire, in good faith, 
to prevent the progress of a fire then 
burning. 

The words, "or who wilfully or negligently 
allows fire to escape from his own land." imply 
that even though the fire had not been started 
upon the owner's land, it would be his dutv 
just as much to extinguish it as it would be if 
it had started on his land. (Opinion of Attorney 
General.) 

BUILDING CAMP FIRES 

Section 9. Any person who builds a 
camp fire upon lands within this state, not 
his own, without clearing the ground immed- 
iately around it free from material which 
will carry fire, or who leaves thereon a 
camp fire burning and unattended, or who 
permits a camp fire to spread thereon, or 
who uses in any firearms discharged thereon 
other than incombustible gunwadding, shall 
be punished by a fine of not less than five 
dollars ($5.00), nor more than one hundred 
dollars ($100.00) , or by imprisonment of not 
less than two (2) days nor more than fifty 
(50) days. 

It is not necessary that a camo fire being 
left unattended or unextinguished should do 
damage to surrounding property to make this 
section applicable. 

37 



SPARK ARRESTERS ON ENGINES IN OR 
NEAR FOREST OR BRUSH LAND 

Section 10. From June 1 to October 1 
of each year it shall be unlawful for any 
person, firm or corporation, or employe 
thereof, to use or operate any locomotive, 
logging engine, portable engine, traction 
engine or stationary engine using fuel other 
than oil, in or near forest or brush land, 
which is not provided with an adequate 
spark arrester kept in constant use and 
repair. Any person, firm or corporation 
who shall wilfully fail to comply with the 
foregoing provisions of this section shall be 
guilty of a misdemeanor, and upon convic- 
tion thereof shall pay a fine for each engine 
or locomotive without such spark arrester 
of not less than twenty-five dollars ($25.00) , 
nor more than one hundred dollars 
($100.00), and shall be enjoined from fur- 
ther use of such engine or locomotive until 
such spark arrester is provided. Escape 
of fire from any engine shall be prima facie 
evidence that such appliance has not been 
adequately maintained in compliance with 
this section. Upon proof that any prosecu- 
tion has been instituted under this section 
by any fire warden, any court of competent 
jurisdiction shall enjoin the further use of 
the engine involved, unless equipped and 
maintained in compliance with this section 
to the satisfaction of said fire warden, until 
the defendant has been acquitted of the 
charge preferred. 

The escape of fire, as used in this section, 
means such an escape of sparks or fire as en- 
dangers, regardless of whether property is 
actually set on fire and destroyed. While escape 
of fire from an engine is prima facie evidence 
that the appliance has not been adequately main- 
tained in compliance with the law, the escape 
of fire to such an extent that it would endanger 
property must be shown. (Opinion of Attorney 
General. ) 



38 



BURNING OF SLASHINGS 

Section 11. All persons, firms, or cor- 
porations engaged in logging, or permitting 
logging upon their lands, in this state, shall 
each year, burn their annual slashing, by 
which is meant the tops and inflammable 
refuse left after logging or woodcutting, 
that may carry fire or cause it to spread, 
at such time and in such manner and with 
such provision of help as will confine the 
fire to the lands upon which such slashing 
may be, and if such burning is done between 
June 1 and October 1 shall first cut down all 
dead trees or snags over twenty-five (25) 
feet high. Builders of trails, roads, or rail- 
roads, power, telegraph or telephone lines 
in this state shall immediately destroy or 
remove all inflammable material resulting 
from constructing or clearing for such im- 
provements unless prevented under the pro- 
visions of Section 7 of this act. Any per- 
son, firm or corporation operating a rail- 
road in this state with coal or wood fuel 
shall annually, or when so directed by the 
state board of forestry, and in a manner 
and to an extent directed by said board, 
destroy or remove all inflammable material 
from the right of way of said railroad. 
All burning under the provisions of this sec- 
tion shall be in accordance with the pro- 
visions of Sections 7 and 8 of this act. 
Refusal or neglect to comply with the pro- 
visions of this section shall be punished by a 
fine of not less than one hundred dollars, 
($100.00) nor more than one thousand dol- 
lars ($1,000.00) for each offense; provided, 
that the state forester with the consent of the 
board of forestry mav suspend the restric- 
tions of this section when and where he deems 
public safety so permits or requires; it is 
further provided, that in the absence of such 
suspension, and in case of refusal or neglect 
by any person or persons at fault, after 
proper notice to take the precautions against 
fire required by this section, the state for- 

39 



ester, or district fire waiden acting with 
his consent, may have the work done to the 
extent he deems requisite to public safety, 
and the cost thereof and the expense of any 
fire patrol rendered necessary by the delay 
shall be recoverable from the offender by 
action for debt, prosecuted in the name of 
the state of Oregon. No contract for road, 
trail, power, telegraph and telephone lines, 
or railroad construction shall be let by any 
state or county body, or officers, unless it 
contains specific provisions for the removal 
of inflammable material resulting from con- 
struction, and no such work performed for 
such state or county body, or officers, shall 
be accepted by them until such inflammable 
material has been removed. In case of fail- 
ure on the part of anv county or state body, 
or official, having charge of such work or 
whose duty it is to accept the same, to com- 
pel the clearing of rights-of-way as above 
provided, or in case of failure to so clear 
them when work is performed by the state, 
county or road district, the state forester 
shall, upon complaint of any interested 
party investigate the condition existing and 
if sufficient inflammable material to con- 
stitute a menace to adjoining property 
remains on the ground he shall notify the 
state or county official of the condition 
existing and set a reasonable time when the 
inflammable material must be disposed of. 
Upon failure to remove said material in the 
time specified, the state forester may cause 
it to be removed and the expense of such 
work, together with the expense of any fire 
patrol rendered necessary, shall be certified 
by the state forester to the county in which 
the work was performed, and shall be paid 
by such county direct to the person, or 
persons, performing the services. In case 
the improvement is being carried on by the 
state, then the certificate shall be to the 
proper state officer or body and shall be 
paid as an expense of such office, and in 
case of private enterprises the expense of 

40 



removal and fire patrol shall be collectible 
as debts are collected. 

Justices of the peace, district courts and 
county courts shall have concurrent juris- 
diction with the circuit courts of all prose- 
cutions for violations of the act designated 
as Chapter 278 of the general laws of 
Oregon for 1911, and all acts supplemental 
thereto and amendatory thereof, including 
this act, as also of all actions by the state 
for the recovery of the cost of protecting 
forest or cut-over lands incurred by the state 
forester or district fire warden acting with 
his consent, under the provisions of Sections 
5 and 11, of said act, as hereby amended, 
All moneys collected under the provisions of 
said Sections 5 and 11, excepting fines, shall 
be paid into the state treasury and become 
a part of the fund appropriated for the pay- 
ment of salaries and expenses of and in 
connection with the offices of the Oregon 
State Board of Forestry and shall be ex- 
pended as other moneys so appropriated are 
expended. 

The attention of loggers, owners on whose 
land logging is being done, builders of trails, 
roads and railroads, should be called to this 
section by the wardens. Refusal of any person 
or corporation to comply with these provisions 
should be reported to the State Forester. 

SETTING FIRE WITH MALICIOUS IN- 
TENT A FELONY 

Section 12. Any person who shall un- 
lawfully or maliciously set fire to any woods, 
forest, timber, brush or vegetable matter 
whatever with intent that the property of 
another shall be injured thereby, shall be 
guilty of a felony, and upon conviction 
thereof v shall be punished by imprisonment 
in the state penitentiary for not less than 
one (1) year nor more than ten (10) years. 

DAMAGE FROM FIRE MAY BE RECOV- 
ERED IN CIVIL ACTION 

Section 13. In addition to the penalties 
provided in this act, the United States, 

41 



state, county, or private owners, whose 
property is injured or destroyed by fires 
in violation of this act, may recover in a 
civil action double the amount of damages 
suffered if the fires occurred through wil- 
fulness, malice or negligence; but if such 
fires were caused or escaped accidentally 
or unavoidably, civil action shall lie only 
for the actual damage sustained as deter- 
mined by the value of the property injured 
or destroyed, and the detriment to the land 
and vegetation thereof. Persons or corpora- 
tions causing fires by violations of this act 
shall be liable in action for debt to the full 
amount of all expenses incurred in fighting 
such fires. 

ANY PERSON OTHER THAN A COMPEN- 
SATED FIRE WARDEN FURNISH- 
ING INFORMATION LEADING TO 
A CONVICTION ENTITLED TO 
ONE-HALF OF FINE 

Section 14. Any person not employed 
and compensated as a fire warden who shall 
detect any one violating any of the pro- 
visions of this act, and shall furnish infor- 
mation leading to the arrest and conviction 
of such person, shall, upon his conviction, 
receive one-half of the fine paid by such 
person so convicted, otherwise all fines 
imposed under this act, less the cost of 
collection, shall go into the general fund of 
the county in which conviction is had. 

DISTRICT ATTORNEY TO PROSECUTE 
OFFENDERS WITH ALL DILI- 
GENCE AND ENERGY 

Section 15. Whenever an arrest shall 
have been made for violation of any pro- 
vision of this act, or whenever any evidence 
which shows with reasonable certainty any 
such violation shall have been lodged with 
him, the district attorney for the county in 
which the criminal act was committed must 
prosecute the offenders with all diligence 

42 



and energy. If any district attorney shall 
fail to comply with the provisions of this 
section he shall be guilty of a misdemeanor, 
and upon conviction shall be fined not less 
than one hundred dollars ($100.00), nor 
more than one thousand dollars ($1,000.00), 
in the discretion of the court. Prosecution 
against the district attorney shall be con- 
ducted by the attorney general. The penal- 
ties of this section shall apply to any justice 
of the peace, with proper authority, who re- 
fuses or neglects to issue a warrant for 
the arrest of any person or persons when 
complaint under oath of violation of any 
terms of this act has been lodged with him. 

PRINTED CIRCULARS, NOTICES, 
BLANKS, ETC. 

Section 16. Any person who shall wil- 
fully destroy or injure any notice posted in 
compliance herewith shall be punished by a 
fine of not less than ten dollars ($10.00), 
nor more than fifty dollars ($50.00), or by 
imprisonment for one (1) day for each two 
dollars ($2.00) of such fine imposed in case* 
of his neglect or refusal to pay such fine. 

COUNTY COMMISSIONERS MAY APPRO- 
PRIATE MONEY FOR FOREST PRO- 
TECTION 

Section 17. County boards of commis- 
sioners may appropriate money for forest 
protection under the provisions of this act 
and expenses incurred by any county board 
of commissioners in accordance therewith 
shall be a proper county charge. 

APPROPRIATION FOR THE BIENNIAL 
PERIOD 

Section 18. For the purpose of carrying 
out the provisions of this act, including 
the payment of the salaries and expenses 
of the officers and employes for which the 

43 



state is liable under this act, there is 
hereby appropriated out of any funds in 
the treasury not otherwise appropriated the 
sum of sixty thousand dollars ($60,000.00), 
or so much thereof as may be necessary. The 
secretary of state is hereby authorized and 
directed to audit all duly approved claims 
which have been incurred in pursuance of 
this act and the foregoing appropriation 
and to draw his warrant on the state 
treasurer in the payment thereof out of 
the appropriation made by this act or other 
appropriation from which the same may be 
determined to be payable. 

CHAPTER 90 OF THE LAWS OF OREGON 
FOR 1913 

AN ACT 

(To make every county judge ex officio a fire 
warden within his county and to provide the 
conditions under which slashings and timber 
cuttings may be burned.) 

Be it enacted by the People of the State 
of Oregon'. 

Section 1. That every county judge 
within the state of Oregon is ex officio a 
fire warden and shall have all the rights and 
powers and perform all the duties of a 
regularly appointed fire warden, within 
the boundaries of his county, as such 
rights, powers and duties are provided and 
defined by the general laws of Oregon. 
Every such county judge is hereby author- 
ized to issue and revoke permits for burning 
slashings, choppings, wood lands and brush 
lands between June 1 and October 1 of 
each year. 

Section 2. Every person to whom such 
a permit is issued shall give at least twenty- 
four hours' notice to each resident owner of 
adjoining lands, of the time when he intends 
to set fire in accordance with his permit. 



44 



CHAPTER 247 OF THE LAWS OF OREGON 
FOR 1913 

AN ACT 

(To require owners of timber lands to provide 
a fire patrol therefor.) 

Be it enacted by the People of the State 
of Oregon: 

Section 1. Every owner of timber land 
in the state of Oregon shall furnish or pro- 
vide a sufficient fire patrol therefor, during 
the season of the year when there is danger 
of forest fires, which patrol shall meet with 
the approval of the state board of forestry. 

Section 2. In case any owner or owners 
shall fail or neglect to provide such fire 
patrol, then the state forester, under direc- 
tion from the state board of forestry, 
shall provide the same at a cost not to 
exceed five (5) cents per acre per annum. 
Any amounts so paid or contracted to be 
paid by the state forester, shall be a lien 
upon the property, and shall be reported 
by the state forester to the county court 
of the county in which such lands are 
situated, and shall by such court be levied 
and collected with the next taxes on such 
lands in the same manner as taxes are 
collected. Said county court shall instruct 
the proper officer to extend the amounts on 
the assessment roll in a separate column, 
and the procedure provided by law for the 
collection of taxes and delinquent taxes 
shall be applicable thereto, and upon col- 
lection thereof the county court shall repay 
the same to the state forester, to be applied 
to the expenses incurred in carrying out 
the provisions of this act. 

Section 3. For the purposes of this act, 
any land shall be considered timber land 
which has enough timber standing or down 
to constitute, in the judgment of the state 
board of forestry, a fire menace to itself 
or adjoining lands. 

Section 4. The owner of any land com- 
ing under the provisions of this act, who 

45 



shall reside within one and one-half miles 
of said land, shall be considered, by virtue 
of said residence, to maintain a sufficient 
fire patrol and shall not be compelled to 
maintain additional patrol on such land. 

Section 5. For the purposes of this act, 
an adequate fire patrol shall be construed 
to mean one equal to that maintained by 
fifty per cent of timber owners in the same 
locality, or under similar conditions in other 
localities, who are in good faith patrolling 
their lands against fire. 



46 






INDEX 

Page. 

Allowing- fire to escape to land of another 36 

Annual slashings: 

Loggers, builders of roads and rail- 
roads to burn 39 

Precautions in burning during closed 

season 39 

Appropriations 43 

Arrests and prosecutions 13 

Arrests, powers of State wardens 7, 13 

Badges 28 

Burning without permit: 

Regulations governing 36 

When permissible 34 

Camp fires: 

Building of 37 

Leaving fire unattended 37 

County Commissioners may appropriate 

money for forest protection 43 

County judges made ex-officio fire war- 
dens 44 

County officials to act as fire wardens.... 31 

County to pay one-third of expenses in- 
curred 32 

Distribution of forest fire laws 8 

District attorney to prosecute offenders 42 

District wardens 15 

Federal patrolmen 19, 20 

Fines, disposition of 42 

Fire fighting: 

General instructions 23, 24 

Policy of the State 25 

Fires: 

Camp fires 37 

Damage from 41 

Incendiary 41 

Permits for ". . 34 

Reports on 11 

Fire patrol law 26, 45 

Fire warden service 6 



47 



INDEX— Continued 

Page. 
Instructions: 

Federal patrolmen 19 

District wardens 15 

Voluntary wardens 32 

Wardens employed by timber owners 

or associations 21 

Law enforcement 13 

Permits to burn slashing 8, 34 

Posting of notices 11 

Rangers on the national forests 31 

Reports on fires... .+ 11 

Setting fires to woods, etc . 36 

Small fires, importance of reports on 12 

Spark arresters 38 

Special wardens 6 

State Board of Forestry 2, 29 

State fire wardens: 

Appointment of 31 

Duties of 33 

Failure to comply with duties 34 

Power to enter lands of others 34 

State Forester: 

Appointment 30 

Duties of 30, 31 

To designate fire districts 32 

Supplies 28 

Telephone connection 16 

Timber owners required to furnish 

patrol 26, 45 

Voluntary fire wardens 22 

Wardens employed by timber owners or 

associations 21 



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LIBRARY OF CONGRESS 




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